If you are seeking a West Virginia expungement please review the expungement overview below. Check back often or Sign Up for an email alert when the West Virginia Expungement Kit is ready.
Requirement(s) to qualify for an expungement in the state:
- A person receiving a full and unconditional executive pardon, two years after having been pardoned and twenty years after the discharge of his or her sentence upon the conviction for which he or she was pardoned
- A person found not guilty of a criminal offense, or against whom charges have been dismissed, and not in exchange for a guilty plea to another offense. They must have no prior felonies.
- 1st time drug offenders who have completed deferred sentence and discharged and dismissed may apply to the court for an order of expungment 6 months after end of their term of probation. They must have no serious or repeated violations of probation.
Additional restrictions on who can qualify for an expungement
An eligible person granted an executive pardon may petition the circuit court in the county where the conviction was had to have the record of such conviction expunged A person discharged and dismissed under W. Va. Code § 61-11-25 may make a motion to expunge records in the circuit court in which the charges were filed. The expungement motion must not be filed sooner than sixty days following the order of acquittal or dismissal by the court.
Does the law provide for sealing? What are the requirements?
If the court finds that there are no current charges or proceedings pending relating to the matter for which the expungement is sought, the court may grant the motion and order the sealing of all records in the custody of the court and expungement of any records in the custody of any other agency or official including law-enforcement records. Every agency with records relating to the arrest, charge or other matters arising out of the arrest or charge, that is ordered to expunge records, shall certify to the court within sixty days of the entry of the expungement order, that the required expungement has been completed. All orders enforcing the expungement procedure shall also be sealed. Upon expungement, the proceedings in the matter shall be deemed never to have occurred. The court and other agencies shall reply to any inquiry that no record exists on the matter. The person whose record is expunged shall not have to disclose the fact of the record or any matter relating thereto on an application for employment, credit or other type of application.
What does it mean if you have a record expunged or sealed? Does anyone have access to the sealed/expunged records? Are they destroyed
The omission, sealing, deletion, or obliteration of records is an expungement. Thereafter, the person may legally deny the existence of the records and may not be denied any permit, license, or employment based upon the expunged records. However, expunged records may be disclosed for purposes of a pending criminal investigation or prosecution.
When a record is expunged, the record is not destroyed but removed from public access and sealed.
1st time drug offenders may get an order to expunge from all official records all records of his or her arrest, trial, and conviction.
Persons dismissed and discharged may have received an expungement order that includes, but is not limited to, arrest records, fingerprints, photographs, index references or other data whether in documentary or electronic form, relating to the arrest, charge or other matters arising out of the arrest or charge. Criminal investigation reports are excluded.
Registry listings of abuse, neglect or misappropriation of property with respect to an individual shall promptly be expunged in cases where a conviction is vacated or overturned following appeal or granted executive clemency.
Are you eligible for a West Virginia Expungement? Most crimes can be expunged. For a description of the crimes that cannot be expunged, click here .
Be sure to check the site often
as we are in the process of adding the Expungement
Kit for the State of West Virginia soon.